Judge Affirms Need For A Vote On South Tulsa-Jenks Toll Bridge

TULSA, Okla. (AP) _ A Tulsa County judge has ruled that a proposed private toll bridge between south Tulsa and Jenks should be brought to a vote of the people. <br/><br/>District Judge David Peterson on

Thursday, December 21st 2006, 7:54 am

By: News On 6

TULSA, Okla. (AP) _ A Tulsa County judge has ruled that a proposed private toll bridge between south Tulsa and Jenks should be brought to a vote of the people.

District Judge David Peterson on Wednesday denied a motion to dismiss a lawsuit to block the project that was sought by Jenks, the Arkansas River Bridge Authority and Infrastructure Ventures Inc.

``The easiest way out of this is to figure out what you're going to do, have a vote on it and do it or don't do it. But this is not the way to do it,'' Peterson said after hearing oral arguments in the case.

Peterson did not specify the jurisdictions he thought should be allowed to vote on the issue.

Michael Covey, a spokesman for the South Tulsa Citizens Coalition, made up of bridge opponents, said Peterson's reference to a public vote represents a road map to the future.

``I hope everybody sits down and discusses the best way to build a bridge and where to build it _ and I can tell you this, it doesn't include IVI,'' Covey said.

Under Jenks' and ARBA's 75-year agreement with IVI, a Tulsa partnership, the suburb would receive 15 percent of the annual net toll revenues during the first 30 years of the bridge's operation and 20 percent a year for the rest of the term.

Jenks would use those funds for riverfront development, including the Oklahoma Aquarium and other economic development projects.

IVI would finance, build and operate the bridge and retain the majority of the profits.

Covey said he thought it would be better for Tulsa and Jenks to build the bridge so the municipalities could use the revenues for public infrastructure needs.

IVI's attorney, John Hickey, said the legal issues were not over. IVI will ask that a trial date be set after Jan. 1. The case would go to a different judge then because Peterson is retiring.

``We feel confident that we'll prevail,'' Hickey said.

Jenks City Attorney Steve Oakley said the bridge is a matter of public safety.

``We need a bridge bad,'' he said.

Covey said his group would be happy for a jury to hear the case but that he did not think the outcome would be any different.

The coalition's attorney, George Gibbs, said: ``They were trying to push something down their throats that the citizens don't want. All their creative finagling is not going to fool this judge.''

Gibbs said perhaps the coalition's strongest argument against the bridge was the franchise issue, in which Jenks would allow IVI to carry out a public function such as operating a toll bridge. Such franchises are limited to 25 years and require a vote of the people, the coalition says.

IVI argued that the law refers to municipal franchises, which it said does not apply in this case.